36C24824Q1231.docx
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- Solicitation number
- 36C24824Q1231
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This document is a Combined Synopsis/Solicitation Notice for a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside roofing project at the West Palm Beach VA Medical Center. The contractor shall provide all personnel, equipment, and materials to repair the roofing structure and drainage system above the existing laundry clean storage area. The project has a brand name or equal requirement for the roofing materials. The solicitation number is 36C24824Q1231, and responses are due by July 19, 2024 at 10:00 AM EST. The contracting office is the Department of Veterans Affairs Network Contracting Office 8. The magnitude of construction is between $25,000 and $100,000. The contractor must provide a minimum 20-year warranty on the roof and meet the 30-day period of performance. Contractors must be registered in the System for Award Management and the Veteran Small Business Certification website.
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| C01 SAM NOA 36C24824C0083_1.pdf | ||
| 36C24824Q1231 0001.docx | DOCX document | |
| Attachments.pdf |
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SUBJECT*
FY24: Station (PROJ: 548-24-155) Clean Laundry Area Roof
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 33637 |
| SOLICITATION NUMBER* |
| 36C24824Q1231 |
| RESPONSE DATE/TIME/ZONE |
| 07-19-2024 10:00 AM EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 99 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| Z1DA |
| NAICS CODE* |
| 238160 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 8 (NCO 8)
POINT OF CONTACT*
Contract Specialist Stacy Figlinski Stacy.Figlinski@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| WPB VAMC |
7305 N. Military Trail
West Palm Beach FL
| POSTAL CODE |
| 33410 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
| AGENCY’S URL |
| https://www.va.gov |
| URL DESCRIPTION |
| VA Website |
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
BLANK PAGE
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation document will not be issued.
This solicitation is a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition (FAC) FAC 2021‐03, 2/16/2021.
Offerors must be registered in System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract. Registration in the record must be complete and not missing elements such as representations and certifications. Also, if you are an SDVOSB ensure your business is registered in the SBA Veteran Small Business Certification (VetCert) website, located at Veteran Small Business Certification (sba.gov). Vendors registered in SAM but not VetCert at the time of quote due date will be considered a small business. This requirement is a 100% SDVOSB set‐aside requirement.
The NAICS Code for this procurement is 238160 with a small business size standard of $19M.
NCO8 intends to award a fixed price contract. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform Project Number 548-24-155, Clean Laundry Area Roof, as stated in the Statement of Work. The contractor shall perform as to meet or exceed VA Standards and TIL Specifications in this contract. Location of work is the West Palm Beach VA Healthcare System, 7305 N. Military Trail, West Palm Beach Florida 33410.
SITE VISIT: An organized site visit is scheduled for July 1, 2024 at 10:30 AM EST. Contractors will meet Brian Greeder at the Engineering Office, Room BC-231.
REQUESTS FOR INFORMATION (RFIs): RFIs will be accepted until July 8, 2024 at 10:00 AM EST. RFIs must be submitted in writing to the Contracting Officer. Questions will not be answered by phone. All questions will be answered and provided to the contractors through an Amendment. Contractors shall not contact any personnel at the WPB hospital to discuss this RFQ. All questions must go to the Contracting Officer.
MAGNITUDE OF CONSTRUCTION: Between $25,000.00 and $100,000.00.
Instructions to Quoters Submitting your quote: Submit your company’s quote via e‐mail utilizing either PDF or Word formats (8 Megabyte File Size Limitation). Terms and content of your quote: Your quote must be based on the terms of this RFQ. We may reject any quote that is not based on these terms in every respect. Your quote must contain all the information described below or the quote may be determined non‐responsive.
Information to be Submitted Put the following information on the first page of your quote:
| RFQ Number | 36C2482Q1231 |
| Contractor Name | ___________________ |
| Street Address | ___________________ |
City State & Zip
| Point of Contact Name & Title | ___________________ |
| Phone Number | ___________________ |
| ___________________ | |
| SAM UEI Number | ___________________ |
Beginning on the second page of your quote, provide the following information in the following order:
1. All quotes shall include a statement regarding the terms and conditions herein as follows:
"The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following”. Quoter shall list exception(s) and rationale for the exception(s).
2. Acknowledgment of Amendments: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO. |
| DATE |
Add rows as needed.
The above amendment section must be filled out in the even that an Amendment is sent to the offeror or posted to https://beta.sam.gov/ and must be returned with the RFQ package. Failure to acknowledge amendment(s) may constitute the rejection of the quote.
3. Offerors must provide Pricing information via the attached Price Schedule.
4. Offerors must provide a signed Limitation on Subcontracting Certification with their quote.
5. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212‐3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.
6. All quotes must specifically state the warranty period for their proposal. Roofs must have at least a 20 year warranty.
7. This solicitation has a Brand Name or Equal requirement. Your proposal must state the product you are proposing, whether the Brand Name roof or an Equal roof. If an Equal roof is proposed you must provide all specifications for the products.
Per FAR 13.106‐2 ‐‐ Evaluation of Quotations The Government intends to award a contract as a result of this RFQ to the responsible offeror whose offer conforms to the RFQ requirements. A comparative evaluation of the quotes will be made in accordance with FAR 13.106‐2(b). Offerors must be determined responsible according to the standards of FAR Part 9 to be eligible for award.
VA will select the quote that represents the best benefit to the Government to fulfill the requirement based on the judgment of the contracting officer and VA users.
a) The contracting officer will read all of the quotes.
b) Quotes deemed too expensive or not practical for VA will not be considered further and without notice to the submitter.
c) VA will compare quotes against each other in an impartial and simplified manner based on FAR part 13. Source selection techniques described in FAR part 15 will not be used.
d) VA may ask questions to one or more quoters but is not obligated to do so.
e) The Government may reject all quotes.
f) The contracting officer and VA users may use any means available to examine the past performance.
g) VA may discuss price or price discounts with the one or more submitters before awarding an order or rejecting all quotes.
Response Time Offeror must state that they can meet the 30 day period of performance for this project. If there are long lead items these need to be provided with the timeframe of their arrival in the proposal.
Quote Validity Vendors shall provide a minimum quote acceptance period of 120 days after RFQ closing for offers. Award and documentation will be in accordance with FAR Part 13.106‐3.
The following website shall be consulted for the most recent Wage Grade Determination for these services: https://sam.gov/. The current Wage Determination for Palm Beach County is attached.
Quotes are due July 19, 2024 at 10:00 AM EST. Quotes received after this date and time will be considered late. All quotes should be emailed to the Contracting Officer at Stacy.Figlinski@va.gov.
STATEMENT OF WORK
CLEAN LAUNDRY AREA ROOF
548‐24-155
WEST PALM BEACH VAMC
1 Overview This Scope of Work document is intended to facilitate a BB Guaranteed Maximum Price contract that focuses on the repair of the roofing structure and drainage system above the existing laundry clean storage area at the West Palm Beach VAHCS campus. The contractor should reference the following Specification Sections in conjunction to this Scope of Work for a complete understanding of the requirements:
· 01 00 00 - GENERAL REQUIREMENTS
· 01 32 16.15 - SCHEDULE
· 01 33 23 - SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
· 01 35 26 - SAFETY REQUIREMENTS
· 01 42 19 - REFERENCE STANDARDS
· 01 45 00 – QUALITY CONTROL
· 01 74 19 - WASTE MANAGEMENT
· 02 41 00 – DEMOLITION
· 05 31 00 - STEEL DECKING
· 07 01 50.19 - PREPARATION FOR RE-ROOFING
· 07 22 00 - ROOF AND DECK INSULATION
· 07 27 26 - FLUID-APPLIED MEMBRANE AIR BARRIERS, VAPOR PERMEABLE
· 07 27 27 - FLUID-APPLIED MEMBRANE AIR BARRIERS, VAPOR RETARDING
· 07 40 00 - ROOFING AND SIDING PANELS
· 07 56 00 - FLUID-APPLIED ROOFING
· 07 57 13 - SPRAYED POLYURETHANE FOAM ROOFING
· 07 60 00 - FLASHING AND SHEET METAL
· 07 71 00 - ROOF SPECIALTIES
· 07 81 00 - APPLIED FIREPROOFING
· 07 92 00 - JOINT SEALANTS
2 Definitions and Acronyms
· Contracting Officer (CO): The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer.
· Project Manager (PM)/Contracting Officers Representative (COR): The Contracting Officer's representative responsible for administering contracts under the immediate direction of the Contracting Officer.
· Contractor: This term, as used herein, refers to the contractor under this contract.
· Pre-Construction Risk Assessment (PRCA): Used to identify potential risks associated with the renovation, construction, and some maintenance & repair activities and to develop risk mitigation strategies to minimize these risks. Prior to beginning work this assessment will be completed.
· Interim Life Safety Measures (ILSM): Measures that are instituted to compensate for significant hazards posed by existing life safety (fire) code deficiencies or construction/renovation activities.
· Request for Proposal (RFP): Is a solicitation made, often through a bidding process, by an agency or company interested in procurement of a commodity or service, to potential suppliers to submit proposals.
· Certified Independent Third-Party Safety Professional (CITP): Certified Independent Third-Party Safety Professional for the review of the design documents for compliance with national and local codes, standards, federal and state regulations.
· National Fire Protection Association (NFPA): The world's leading advocate of fire prevention and an authoritative source on public safety, NFPA develops, publishes, and disseminates codes and standards intended to minimize the possibility and effects of fire and other risks.
· Competent Person (CP): One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
3 Scope of Work The contractor will provide all labor, materials, tools, and associated equipment necessary for the construction or service of the areas of work of this project as listed below. The respective areas of work are shown in the enclosed drawings/ layouts, see Appendix A. They are, but may not be limited to the following:
| 3.1 | Areas of Work | ||
| 3.1.1 | Pre-demolition: | ||
| 3.1.1.1 | The contractor shall block the supply duct entering the clean laundry room area. Cover and | ||
| seal all supply vents, return vents, and air handling units in the project area using two | |||
| layers of 0.15 millimeter 6 mil poly (IHFOM, CH 13, Sec. 3). | |||
| 3.1.1.2 | The contractor shall supply and install a temporary barrier between the main laundry area | ||
| and the clean laundry area. | |||
| 3.1.1.3 | The contractor shall supply a scrubber / negative air machine for the clean laundry room. | ||
| The unit shall be vented out the side door as to not allow any discharge to re-enter the | |||
| building. | |||
| 3.1.1.4 | The contractor shall supply temporary fencing to section off the work zone area and | ||
| laydown area shown on the Area of Construction (AOC) drawing. The temporary fence | |||
| will have privacy screening and also provide emergency information signage. | |||
| 3.1.2 | Demolition: | ||
| 3.1.2.1 | The contractor shall remove all panels on the roofing structure above the clean laundry | ||
| room. The contractor shall ensure temporary protection materials are available for | |||
| immediate use in case of unexpected rain. | |||
| 3.1.2.2 | The contractor shall remove all gutters, scuppers, flashing, cap plates or other existing | ||
| components that need replacement to the clean laundry room area. | |||
| 3.1.2.3 | Remove insulation from the underside of the clean laundry area ceiling. | ||
| 3.1.3 | Construction | ||
| 3.1.3.1 | The contractor shall install all new 24ga panels (approximately 1,100sf) to repair the metal | ||
| decking structure to guarantee a minimum of a 30-year life span. | |||
| 3.1.3.2 | The contractor shall install all new 24ga cap plates and flashing along the parapet walls. | ||
| 3.1.3.3 | The contractor shall install new 24ga flashing along the eastern wall. | ||
| 3.1.3.4 | The contractor shall install two new through wall scupper flashing boxes in the western | ||
| side parapet wall. | |||
| 3.1.3.5 | Install cant strips with minimum 125 mm (5 inch) face width where the roof deck intersects | ||
| with the surrounding walls. | |||
| 3.1.3.6 | The contractor shall install two new gutter systems on the western side wall of the clean | ||
| laundry room area to match existing style, shape and material. The gutter system shall be | |||
| primed and painted to match existing. | |||
| 3.1.3.7 | The contractor shall seal seams, fasteners and other roof details. The contractor shall use a | ||
| silicone-based product that adheres to seams, gaps, and overlaps to form a seamless | |||
| foundation ready for coating. | |||
| 3.1.3.8 | The contractor shall prime all surfaces in accordance with the manufacturer’s instructions. | ||
| 3.1.3.9 | The contractor shall apply a sprayed-in-place polyurethane foam onto the new decking | ||
| panels. | |||
| 3.1.3.10 | The contractor shall apply a sprayed-in-place silicone roof coating to form a contiguous | ||
| seamless membrane on the entire roof of the clean laundry room area. | |||
| 3.1.3.11 | The contractor shall prime the underside of the roof decking and beams. | ||
| 3.1.3.12 | The contractor shall apply a sprayed-in-place polyurethane foam onto the ceiling of the | ||
| laundry room area. Screed the foam to be level with the roof beam structure. | |||
| 3.1.3.13 | The contractor shall prime and coat the ceiling with a fire retardant sealer. | ||
| 3.1.4 | Brand Name or Equal Requirement | ||
| The roofing material will be brand name or equal as specified on the following attachments: |
· Product Data Sheet GacoRoofFoam F2733 Rev 11/2023 Spray-Applied Polyurethane Foam
· Product Data Sheet GacoFlex SF-200 SeamSeal May 2014 Solvent-Free 100% Silicone Sealant
· Product Data Sheet GacoPrime Low VOC Primer Rev 08/2022
3.1.5 The constructed roof must have at least a 20-year warranty.
| 3.2 | Protection of Existing Work | ||
| 3.2.1 | The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, | ||
| shrubs, and grass on or adjacent to the work site and which do not interfere with the work required | |||
| under this contract. If any limbs are branches are broken during the contract performance by careless | |||
| operation of equipment or employees, the contractor shall clean cut and paint the cut with a tree- | |||
| pruning compound approved by the COR. | |||
| 3.2.2 | The Contractor shall protect from all damage of improvements and utilities at or near the work site | ||
| and on adjacent property including those that are the property of a third party from failure to comply | |||
| with the requirements and reasonable care while performing the work. | |||
| 3.2.3 | The contractor shall under regulations prescribed by the Contracting Officer to use only the | ||
| established approved roadways. When materials or equipment are transported, vehicles must not | |||
| exceed loading capacity recommended by manufacturer and local or state laws to include the load | |||
| limit on the upper parking garage deck. When it is necessary for the contractor to cross curbs or | |||
| sidewalks the contractor shall protect them from damage. | |||
| 3.2.4 | It is the responsibility of the contractor to repair suitably or replace all damaged property due to | ||
| contractors’ negligence. |
| 3.3 | Changes to the Statement of Work | |
| 3.3.1 | Any changes to this SOW shall be authorized and approved only through written correspondence | |
| from the CO. A copy of each change will be kept in a project folder along with all other products of | ||
| the project. Costs incurred by the contractor through the actions of parties other than the CO shall be | ||
| borne by the contractor. |
| 4 | Scheduling, Phasing, and Working Hours | ||
| 4.1 | Schedule of Contract | ||
| 4.1.1 | Contractor shall submit a Critical Path Method (CPM) schedule with estimated dates and itemized | ||
| cost of work to the Contracting Officer for review and approval before Notice to proceed. | |||
| 4.1.2 | The contractor will be required to provide the Contracting Officer with a comprehensive phasing | ||
| plan to perform this contract. The contractor will be required to update this plan on a weekly basis to | |||
| provide the VAMC management team with an accurate status of the work. A two-week notice to the | |||
| Contracting Officer will be needed for approval prior to acceptance and authorization of all changes | |||
| to the project schedule. |
| 4.2 | Performance Period | |
| 4.2.1 | The contractor shall complete the work required under this scope in 30 calendar days or less from | |
| date of award. Extensions may be granted as directed by project VAMC management team. If the | ||
| contractor proposes an earlier completion date, and the Government accepts the contractor’s | ||
| proposal, the contractors proposed completion date shall prevail. | ||
| 4.2.2 | Work at the Government site shall take place on 7:00am to 5:00pm Hours as approved by the VAMC | |
| project management team. | ||
| 4.2.3 | The contractor shall not commence performance of the tasks in this scope until the VAMC has | |
| conducted a kickoff meeting or has advised the contractor that such a meeting has been waived. |
| 4.3 | Phasing of Construction | |
| 4.3.1The contractor will be required to provide the Contracting Officer a comprehensive schedule to | ||
| perform this project. A two week notice to the Contracting Officer will need to be approved prior to | ||
| any changes affecting the schedule. | ||
| 4.3.2 | Seventeen (14) Days’ notice is also required for any closures, disruptions installation, etc. that will | |
| impact normal daily operations such as blocking off areas. Utility Outages, including disruption of | ||
| fire alarms, must be requested by the Contractor at least 17 calendar days in advance. | ||
| 4.3.3 | During the construction phase the Contractor shall perform all work during WHEN hours | |
| (Weekends, Holidays, Evenings and Nights) so as not to interfere with normal Hospital functions. | ||
| 4.3.4 | All submittals will be returned to the Contractor within two (2) weeks of submission. Disapproved | |
| submittals are not reason for additional time or delay claim for the Contract. |
| 5 | Infection control and Safety Measures | ||
| 5.1 | Interim Life Safety Measures Evaluations (ILSM) | ||
| 5.1.1 | The contractor and COR will be responsible to identify areas in their design that will require Interim | ||
| Life Safety Measures in accordance with the latest - The Joint Commission (TJC) Hospital Standard | |||
| LS.01.02.01. The contractor will clearly define areas requiring Interim Life Safety Measures and the | |||
| necessary precautions needed. Along with the requirement for Interim Life Safety Measures, the | |||
| contractor will work with the COR and Safety Department to identify the needs, as well as identify | |||
| the responsibilities of the Interim Life Safety Measures. Interim Life Safety Measures Evaluations | |||
| will be completed for every project, with considerations made for all locations and phases. | |||
| 5.1.2 | The contractor shall protect all fire sprinkler heads and fire detection devices from dust and debris. | ||
| The contractor shall give the COR 48hr notice to work producing dust and debris that could possibly | |||
| affect the system. The COR shall notify the electronics shop to have the electronic detection system | |||
| taken offline. The COR shall contact the plumbing department to have the system in that area | |||
| drained back. The work shall take no longer than 8hrs without a fire watch being implemented. | |||
| Firewatch personnel shall be the responsibility of the contractor. Upon activation the system will be | |||
| checked for leaks and/or damage. The contractor shall be responsible for any damage incurred | |||
| during this process. |
| 5.2 | Infection Control Risk Assessment (ICRA) | |
| 5.2.1 | To establish policies and procedures to ensure the Safety & Environment of Care in all patient care | |
| buildings is not compromised during any renovations or new construction. When planning | ||
| demolition, construction or renovation work, Engineering, Infection Control & Safety personnel will | ||
| conduct a proactive Pre-Construction Risk Assessment (PCRA) using risk criteria to identify hazards | ||
| that could potentially compromise patient care in occupied areas of the building. The Infection | ||
| Control Risk Assessment will be completed for every project, with considerations made for all | ||
| locations and phases. The risk criteria should address the impact of demolition, renovation or new | ||
| construction activities on Air and Water Quality requirements, Infection Control, Utility | ||
| Requirements, Noise, Vibration and Emergency procedures. |
| 5.3 | Pre-Construction Risk Assessment (PCRA) | |
| 5.3.1 | The PCRA is made up of 13 individual assessments to be performed by subject matter expert(s) | |
| (SME), as identified in Service-specific procedures for the execution of PCRA(s) for which a | ||
| Service is responsible. All 13 assessments in the PCRA will be completed for every project, with | ||
| considerations made for all locations and phases. The 13 assessments that make up PCRA and the | ||
| Service and SME responsible for performing the assessment are listed in the table, Service(s) and | ||
| SME(s) Responsible for a Portion of PCRA. |
| 6 | Construction Requirements | ||
| 6.1 | Quality Control Plan: | ||
| 6.1.1 | The contractor shall prepare establish and maintain an effective quality control (QC) system. QC | ||
| consists of plans, procedures, and organization necessary to produce an end product which complies | |||
| with the Contract requirements. | |||
| 6.1.2 | The project superintendent will be held responsible for the quality of work and is subject to removal | ||
| by the Contracting Office or Authorized designee for non- compliance with the quality requirements | |||
| specified in the Contract. |
| 6.2 | Submittals and Shop Drawings | |
| 6.2.1 | A submittal is information submitted for VA review to establish compliance with the contract | |
| documents. | ||
| 6.2.2 | Submittals are to be scheduled, submitted, reviewed, and approved prior to the acquisition of the | |
| material or equipment. Coordinate scheduling, sequencing, preparing, and processing of submittals | ||
| with performance of work so that work will not be delayed by submittal processing. Allow time for | ||
| potential resubmittal. | ||
| 6.2.3 | All submittals are required to be approved prior to the start of the specified work activity. | |
| 6.2.4 | All submittals will be returned to the Contractor within two (2) weeks of submission. Disapproved | |
| submittals are not reason for additional time or delay claim for the Contract. | ||
| 6.3 | Safety | |
| 6.3.1 | It is Veterans Health Administration (VHA) policy to maintain a safe and healthful environment and | |
| ensure compliance with occupational safety and health (OSH) requirements during construction to | ||
| reduce risk to patients, staff, residents, volunteers, visitors, contractors and the general public at | ||
| Department of Veterans Affairs (VA) medical facilities, and to reduce risk of disruption of patient | ||
| care, treatment and mission essential services. This directive applies to all construction activities as | ||
| defined by the Occupational Safety and Health Administration (OSHA) that are performed on VHA | ||
| owned or VHA-leased properties managed by VHA or where VHA has an oversight role of | ||
| contractors. AUTHORITY: 38 U.S.C. § 7301(b); 29 C.F.R. §§ 1960.6, 1960.8. | ||
| 6.3.2 | Contractors’ personnel are required to have completed up to date OSHA- approved 10-hour | |
| construction worker course. The onsite general superintendent/supervisor is required to have | ||
| completed up to date 30-hour OSHA- approved construction course prior to working on site. | ||
| 6.3.3 | Contractor to provide the Contracting Officer with a copy of the OSHA certificates prior to executing | |
| work for the Veterans Administration. In addition, Contractor shall provide submittals for contract | ||
| construction or renovation work which includes the names, qualifications, and training dates for | ||
| Contractors Competent Persons (CP), who has been designated to administer the site-specific safety | ||
| program as well as the CP for all other activities as required by OSHA regulation 29 CFR 1926.32 | ||
| (such as scaffolds, cranes, etc. The VA’s CP does not take the place of Contractors CP nor act in its | ||
| behalf. The VA CP determines if the Contractor is meeting the VA standards and contractual | ||
| requirements for safety and OSHA compliance. When these standards and contract requirements are | ||
| not being met, the VA COR and or CP will take immediate action to prevent injury, non- | ||
| compliance, and or property damage and the Contracting Officer will be notified immediately. | ||
| 6.3.4 | The Contractor shall submit an Activity Hazard Analysis and an Accident Prevention Plan as per | |
| FAR 52.236-13 prior to commencement of site activities. The government Shall have 21 calendar | ||
| days to review the AHA and APP. Contractor is to provide Safety personnel (flagman), safety signs, | ||
| cones, etc. during any activity within the of the normal traffic pattern or when deemed necessary by | ||
| the COR. | ||
| 6.3.5 | Contractor employees shall be required to maintain their appearance, including a shirt bearing a | |
| company logo. | ||
| 6.3.6 | Contractor to adhere to the latest COVID precautions as directed by the VA Medical Center West | |
| Palm Beach. |
| 7 | Reporting Requirements | ||
| 7.1 | Progress Reports | ||
| 7.1.1 | The contractor shall provide the COR with monthly written progress reports. These are due to the | ||
| COR by the second workday following the end of each calendar month, throughout the project's | |||
| duration. | |||
| 7.1.2 | The progress report shall cover all work completed during the preceding month and shall present the | ||
| work to be accomplished during the subsequent month. This report shall also identify any problems | |||
| that arose, along with a statement explaining how the problem was resolved. | |||
| 7.2 | Progress Meetings | ||
| 7.2.1 | Progress meetings shall be held to discuss progress of work in accordance with schedule and quality | ||
| control requirements. | |||
| 7.2.2 | Contractor and COR shall agree to date and time as well as re-occurrence of the progress meetings. | ||
| 7.2.3 | Contractor shall lead and record meeting minutes for all progress meetings. |
8 Government Furnished Information As referenced in FAR 52.236-4 and VAAR 852.236-71 of the solicitation all available record drawings will be provided upon request. They should not however, be considered “as- built”. These drawing files are provided without warranty or obligation as to the accuracy or information contained in the files. All information in the files shall be independently verified by the user. Any user shall agree to indemnify and hold the VA harmless from any and all claims, damages, losses, and expenses, including, but not limited to, attorney fees arising out of the use of the Computer Aided Design and Drafting (CADD) drawing files.
| 9 | Resources | |
| 9.1 | VA standards and Publications |
All designs shall comply with applicable sections of VA standards and publications, and all references therein. Ensure that construction documents comply with the latest edition of these VA construction and design standards. VA standards can be found on the World Wide Web at http://www.cfm.va.gov/TIL/ . VA publications and standards shall include but shall not be limited to the following:
| 9.1.1 | Office of Construction & Facilities Management Site Map: http://www.cfm.va.gov/sitemap.asp | |
| 9.1.2 | The Technical Information Library (TIL): http://www.cfm.va.gov/TIL/ | |
| 9.1.2.1 | Master Construction Specifications Index (PG-18-1) | |
| 9.1.2.2 | Design and Construction Procedures (PG-18-3) | |
| 9.1.2.3 | VA Standard Details and CAD Standards (PG-18-4) | |
| 9.1.2.4 | Equipment Guide List (PG-18-5) | |
| 9.1.2.5 | Equipment Inspection Manual (Program Guide 7610.2) | |
| 9.1.2.6 | Equipment Reference Manual (PG-18-6) | |
| 9.1.2.7 | Space Planning Criteria (PG-18-9) | |
| 9.1.2.8 | Design Manuals (by discipline) (PG-18-10) | |
| 9.1.2.9 | Design Guides (graphical, by function) (PG-18-12) | |
| 9.1.2.10 | Barrier Free Design Guide (PG-18-13) | |
| 9.1.2.11 | Room Finishes, Door and Hardware Schedules (PG-18-14) | |
| 9.1.2.12 | Minimum Requirements for A/E Submissions (PG-18-15) | |
| 9.1.2.13 | Environmental Planning Guidance (PG-18-17) | |
| 9.1.2.14 | HVAC Design Manual for Hospitals Amendment B | |
| 9.1.2.15 | Lighting Study | |
| 9.1.2.16 | Design Alerts | |
| 9.1.2.17 | Quality Alerts | |
| 9.1.2.18 | VA Signage Design Guide | |
| 9.1.2.19 | Fire Protection Design Manual – Latest Edition | |
| 9.1.2.20 | Cost Estimating | |
| 9.1.2.21 | Information Security Handbook VA 6500 | |
| 9.1.2.22 | Energy Reduction Manual (First Draft) | |
| 9.1.2.23 | VA Office of Facilities Management citations of the AIA design standards | |
| 9.1.2.24 | VA Office of Health and Safety (OHS): http://www1.va.gov/vasafety/ | |
| 9.1.2.25 | Construction Infection Control Risk Assessment Memorandum | |
| 9.1.3 | Other design and construction standards and publications that shall be applied to this work includes, | |
| but are not limited to: | ||
| 9.1.3.1 | American Society of Heating, Refrigerating and Air-Conditioning Engineers Manual | |
| (ASHRAE) | ||
| 9.1.3.2 | National Fire Protection Association (NFPA) Codes & Standards - www.nfpa.org | |
| 9.1.3.3 | OSHA Rules and Regulations | |
| 9.1.3.4 | International Building Code (ICC) latest edition | |
| 9.1.3.5 | Life Safety Code (NFPA 101) latest edition | |
| 9.1.3.6 | The Joint Commission (TJC) Accreditation manual (latest edition) | |
| 9.1.3.7 | Sustainable Design Requirements (01 81 11) | |
| 9.1.3.8 | Construction Waste Management (01 74 19) | |
| 9.1.3.9 | Guidelines for Design and Construction of Health Care Facilities, Latest Edition, | |
| published by The Facilities Guidelines Institute (FGI). http://www.fgiguidelines.org/ | ||
| 9.1.3.10 | Physical Security Standard, compliance with Medical Center Policy 138-3 and | |
| VHA Handbook 0730/2 dated May 27, 2010 “Space Key Control”. | ||
| 9.1.3.11 | Plumbing System Design & Water Treatment/Design to prevent Legionnaires. VA | |
| Plumbing Design Manual and VHA Directive 2008-010, PREVENTION OF | ||
| LEGIONEELA DISEASE, and VHA Directive 2009-009, DOMESTIC HOT WATER | ||
| TEMPERATURE LIMITS FOR LEGIONELLA PREVENTION AND SCALD | ||
| CONTROL. |
| 9.2 | Code Notes | |
| 9.2.1 | NFPA 101 primarily addresses life safety and fire protection features while the IBC addresses a wide | |
| range of considerations, including, but not limited to, structural strength, stability, sanitation, | ||
| adequate light and ventilation, and energy conservation. VA buildings must meet the requirements of | ||
| NFPA 101 and documents referenced by NFPA 101 in order to comply with the accreditation | ||
| requirements of the joint Commission. Therefore, systems shall comply with the requirements of the | ||
| latest edition of NFPA 101 and documents referenced therein. | ||
| 9.2.2 | Conflicts between Nationally Recognized Codes and Standards and VA Requirements: Should a | |
| conflict exist between VA requirements and VA adopted nationally recognized codes and standards, | ||
| the conflict shall be brought to the attention of the VA. The resolution of the conflict shall be made | ||
| by the authority having jurisdiction for the VA to ensure a consistency system wide. | ||
| 9.2.3 | Design Deviations from VA Standards: When proposing a variation, deliver a written request to the | |
| Contracting Officer who will render decision after discussing with COR. Documentation will | ||
| include the nature and features of the variation and why the variation is desirable and beneficial to | ||
| the Government. If lower cost is a benefit, also include a high magnitude cost comparison. |
10 Confidentiality and Nondisclosure It is agreed that the preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.
Provision at 52.212‐1 (JUN 2020) Instructions to Offerors‐Commercial, applies to this acquisition.
Quotes are to include a completed copy of the provision 52.212‐3 (FEB 2021), Offeror Representations and Certifications‐Commercial Items, with its offer.
52.212‐4 CONTRACT TERMS AND CONDITIONS‐COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post‐acceptance rights‐
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233‐1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202‐1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include‐
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management, or 52.232‐34, Payment by Electronic Funds Transfer‐Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.‐
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212‐5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall‐
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the‐
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six‐month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607‐2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on‐
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608‐2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212‐5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti‐Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click‐wrap” or “browse‐wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause) The following clauses and provisions are additional contract requirements.
52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.
ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)
(a) Definition. As used in this clause -
United States or its outlying areas means—
(1) The fifty States;
(2) The District of Columbia;
(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;
(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and
(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in…
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